STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Mrs. Kanchan Bala, Aged 39 years, wife of Sh. Ajay Sharma, resident of House No.1024, Sector 21-B, Chandigarh, PIN – 160022, India.

……Complainant.

Versus

1. Emaar MGF Ltd., a company incorporated under the Companies Act 1956, having its registered office at ECE House, 28-K. G. Marg, New Delhi -110001 and its Corporate Office at 1^st Floor, SCO No.120-122, Sector 17C, Chandigarh – 160017, India, through its Authorised Signatory.
2. Shravan Gupta, Executive Vice Chairman, Managing Director of Emaar MGF Land Ltd. and Member of Shareholders and Investors Grievance Committee, having its registered office at ECE House, 28-K.G. Marg, New Delhi – 110001.

….Opposite Parties.

Appeal under Section 17 of the Consumer Protection Act, 1986.

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SMT. PADMA PANDEY, MEMBER.

Argued by:

Sh. Gagandeep Goel, Advocate for the complainant alongwith Mrs. Kanchan Bala, complainant in person.

Sh. Ashim Aggarwal, Advocate for the Opposite Parties alongwith Sh. Sachin Kapoor, Senior Manager (Legal).

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

(ORAL)

            Counsel for the complainant has filed rejoinder alongwith copy of a map, which is taken on record. Copies of the same have been supplied to the Counsel for the Opposite Parties.

2.         At the time of arguments, the matter has amicably been settled.

3.         Sh. Ashim Aggarwal, Advocate, Counsel  for the Opposite Parties, on getting instructions from Sh. Sachin Kapoor, Senior Manager (Legal) of Opposite Party No.1, states that the Opposite Parties shall refund the entire amount (Rs.41,33,451/-) paid by the complainant alongwith 12% simple interest payable from the respective dates of making deposits. The interest shall be calculated up-to 15.11.2015. It is further stated that an amount of Rs.1 Lac (Rupees One Lac Only) will be paid to the complainant towards compensation. An undertaking has been given that the entire principal amount + interest + compensation amount shall be paid in four monthly equated installments through cashier cheques in favour of the complainant, namely, Mrs. Kanchan Bala. The first installment shall be paid on or before 15.11.2015. The remaining three installments shall be paid on or before 15.12.2015, 15.01.2016 and 15.02.2016 respectively. The statement made is acceptable to the complainant who is present in person alongwith her Counsel. It is agreed by her (complainant) that on receipt of final payment, all the original documents shall be returned to the Opposite Parties. It is also stated by the complainant that in case of default in making the payment as per undertaking given, penal interest be imposed upon the Opposite Parties. We feel that prayer made is perfectly justified.

4.         In view of above facts and with concurrence of both the parties, this complaint stands disposed of, ordering the Opposite Parties to refund the amount deposited by the complainant, in the manner as referred to above. It is made clear that, in case, there is default in making the payment as per agreed terms, the entire principal amount, deposited by the complainant, shall attract penal interest @18% (simple) per annum from the respective dates of deposits made.

5.         Parties choice to settle the matter amicably is highly appreciable. It is made clear that if the Opposite Parties failed to honor their commitment, liberty shall be with the complainant to file a fresh complaint. 

6.         Certified copies of the order be sent to the parties free of charge.

7.         File be consigned to the Record Room after completion.

Pronounced

October 21, 2015.

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

Sd/-

(PADMA PANDEY)

      MEMBER

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